20 N. Wacker Drive, Ste 1660 15010 S. Ravinia Avenue, Ste 10
Chicago, Minois 69605-2903 Oriand Park, Winois 60462-5353,
7312 984 6400 F312 984 6444 17-708 349 3888 F 708 349 1506,
PRIVILEGED AND CONFIDENTIAL -- ATTORNEY-CLIENT MEMORANDUM
To: Mayor Edwenna Perkins and Board of Trustees, Village of Maywood
Willie J. Norfleet, Jr., Village Manager
FROF James P. Bartley
DATE: April 11, 2018
RE: New Sergeants’ Contract - Summary of Contract Changes
have enclosed the following document for your review, consideration and approval/action at
an upcoming Village of Maywood Board Meeting:
MOTION TO APPROVE — Collective Bargaining Agreement between Village of Maywood and
Metropolitan Alliance of Police Sergeants ~ Chapter #486 ~ May 1, 2014 to April 30, 2019
The new contract was finally resolved through federal mediation provided by the Federal
Mediation and Conciliation service (FCS). Below isa list of the contract changes. The most significant
change is the change to 12 hour structured permanent shifts in Section 9.7 that will take effect May 2,
2018. Changing to the 12 hour shifts from 8 hour shifts causes a number of other technical contract
changes. 12 hour shifts call for the officers to work seven 12 hour days in each 14 day work period
‘Accordingly, under the new contract Sergeants will be regularly scheduled to work 2,184 hours per year
‘as opposed to 1,960 hours, which was the number of hours of scheduled work under the previous
contract. This will greatly reduce overtime, We believe the new contract will increase the efficiency of
the Department to the benefit of the Village.
Contract changes
1. Section 6.2.¢. In grievance procedure, technical change.
2. Section 8.1 salary: 2% increase for each of the five years 14-15, 15-16, 16-17, 17-18 and 18-19:
note that effective May 1, 2018, the salary will be converted from 2080 hours to 2184 hours.
There will no longer be 10 days off each month which is in current contract.
8.2(c) overtime compensation is altered from 8 hours to comply with new 12 hour shift.
8.3 is changed to reflect 12 hour shift.
8.8 bereavement leave amended to require it to be taken in a 7 consecutive day period.
8.10 personal days converted to hours for new 12 hour schedule.
8.12 sickleave converted to hours for new 12 hour schedule.
8.13 extended sick leave is amended to generally make it run concurrently
leave or PEDA leave
workers’ comp
3945561 19, 8.14 three day weekends amended due to 12 hour schedule ~ will only apply to Sergeants
assigned to an 8 hour shift if any.
10. 8.17 Health insurance amended to provide 85% by Village and 15% by employee from 82% and
18% to provide the same Village contribution as is in the other contracts.
11, 8.20 tuition reimbursements amended to provide no more than $2000 per year.
12, 8.22 Holidays and holiday pay a new section to provide holiday pay as the 10 days off per month
is eliminated and sergeants will be scheduled to work holidays.
13. 9.7 permanent shifts; provides for the change to 12 hour permanent shifts effective May 1,
2018, and provides pay for 84 hours of work every 14 days.
14, 8.23 Additional pay of $900 per year for current sergeants who have completed the First Line
Supervisory Skills Program, $600 per year for new sergeants upon completion of the Program going
to $900 after completion of three years as a sergeant.
15. Appendix A salary schedules based on 2184 hours of work as of May 1, 2018 rather than 2080,
Retro pay to date of ratification to be paid, % within ninety days of ratification, the remainder by
November 30, 2018.
If there are any questions, please contact me.
cc: LaSondra M. Banks, Human Resources Coordinator
Valdimir Talley, Chief of Police
Michael Jurusik, Village Attorney
Jason A. Guisinger, KT Employment - Labor Attorney
3945551 2TENTATIVE AGREEMENT
Collective Bargaining Agreement
between
Village of Maywood
And
‘Metropolitan Alliance of Police Serge:
Chapter #486
May 1, 2014 to, April 30,2019
393137.)Table of Contents
AGREEMENT 7
ARTICLE | RECOGNITION AND REP
ion 1.2. Union Membership.
LE I DEDUCTION OF UNION DU
1
Section 2.1. Checkoff...
Section 2.2. Deduction and Payment of Union Dues.
jon 2.3. Pair Share Agreement.
Section 2.4. Religion Exemption.
ion 2.5.
Section 2.6. Indemnification
ARTICLE II NO DISCRIMINATION
ARTICLE IV MANAGEMENT RIGHTS
ARTICLE V CONDUCT OF DISCIPLINARY INVESTIGATION ..
ion 5.1 “
Section 5.2.
'S AND MAINTENANCE OF MEMBERSHIP
Sei
Section 5.10. .
Section 5.11. Photo dissemination.
. Compulsion of Testimony.
. Remedy.
Section 5.14, Department Investigations...
jon 5.15. Suspension or Discharge.
ARTICLE VI GRIEVANCE PROCEDURE.
ion 6.1. Definition of Grievance.
jon 6.2. Grievance Procedure.
jon 6.3. Investigation and Di
ion 6.4. Police and Fire Commi
5. Right of Representation...
NO LOCKOUTS..
ARTICLE VIII WAGES AND BENEFITS
ion 8.1. Salary Schedul
jon 8.2. Fringe Benefits...
jon 8.2(a). Regular Days Ot
jon 8.2(b). Vacations.
jon 8.2(c). Overtime Compensation...
jon 8.2(d). Life Insurance and On-Duty Death Benefits. “9
jon 8.2(e). Retiree Health Care.
jon 8.2 ({) Court Time. wn.
jon 8.2 (g) Specialty Pay..
jon 8.2(h) Overtime Assignment.
ion 8.3. Rescheduling of Days Off...
Section 8.4. Seniority
aoa iSection 8.5. Loss of Seniority Rights.
Section 8.6. Seniority Lis...
Section 8.7. Mileage Reimbursement.
Section 8.8. Bereavement Leave.
Section 8.9. Clothing Allowance.
Section 8.10. Personal Days,
Section 8.11. Sergeant Compensatory Time.
Section 8.12. Sick Leave Days...
Section 8.13. Extended Sick Leave
Section 8.14. Three-Day Weekends,
Section 8.15. Uniforms
Section 8.16. Retited/Disabled Credentials.
Section 8.17. Health Care/Medical Insurance
Section 8.18, Deferred Payment Plan.
Section 8.19. emotion.
Section 8.20. Tuition Reimbursement and Schooling.
Section 8.20(a) Education Compensation,
Section 8.21 Job Posting.
Section 8.22 Holidays.
Section 8.23 Supervisory Skills Cenification.
Section 8.24 Administrative Specialist Time...
ARTICLE IX WORKING CONDITIONS.
Section 9.1. Vehicle Safety...
. Expungement of Personnel F
Section 10.3. Applicability.
ARTICLE XI PSYCHOLOGICAL REVIEW.
Section 11.1. Fitness for Duty.
ARTICLE XII SECONDARY EMPLOYMENT
Section 12.1. Request for Secondary Employment...
Section 12.2. Short Term Secondary Employment.
Section 12.3, Prohibitions
ARTICLE XIII SPECIFIC OBLIGATION OF OFFICERS
ARTICLE XIV TERMINATION AND LEGALITY CLAUSES
Section 14.1. Savings...
Section 14.2, Entire Agreement
Section 14.3. Termination.
Section 14.4. Other Condition:
Section 14,5, Impasse Resolution..
APPENDIX A
Salary Rates.
APPENDIX B - DRUG TESTING ..
293007 iiAGREEMENT
‘This Agreement is entered into by and between the VILLAGE OF MAYWOOD,
ILLINOIS, (hereinafter called the "VILLAGE") and the METROPOLITAN ALLIANCE OF
POLICE SERGEANTS, CHAPTER #486 (hereinafter called the "UNION".
ARTICLE I
RECOGNITION AND REPRESENTATION
‘The VILLAGE recognizes the UNION as the sole and exclusive bargaining agent
with respect to wages, hours, and other conditions of employment for employees classified as
"POLICE SERGEANTS".
Section 1.2. Union Membership.
‘The VILLAGE does not and will not object to UNION membership by its employees.
For the purpose of this section and this Agreement, an employee shall be considered to be a
member of the UNION if he/she tenders the dues required, as well as a signed dues and
membership authorization card to the appropriate UNION personnel,
ARTICLE II
DEDUCTION OF UNION DUES AND MAINT
(ANCE OF MEMBERSHIP
Upon receipt of a signed authorization from an employee, the VILLAGE agrees for.
the duration of this Agreement to deduct from each employee's pay uniform monthly UNION,
dues. The VILLAGE further agrees that any employee, who gives authorization for the
deduction of dues, will be allowed to withdraw such authorization by giving fourteen (14)
days written notice to the VILLAGE and UNION of such withdrawal. The UNION will
notify the VILLAGE, in writing, of uniform dues to be deducted. Deductions shall be made
as provided in Section 1.3 and shall be remitted together with an itemized statement to the
Treasurer of the UNION by the 15th day of the month following the month in which the
deductions are made.
Section 2.2. Deduction and Payment of Union Dues
Dues shall be deducted by the VILLAGE and paid to the UNION in accordance with
the amount stated in the respective signed dues deduction authorization card(s) or set by the
UNION submitted to the employer by the employee.
Section 2.3. Fair Share Agreement,
‘Any present employee, as defined in Section 1.1. of this Agreement, who is not a
member of the UNION shall, as a condition of employment, be required to pay a fair share
(not to exceed the amount of UNION dues) of the cost of the collective bargaining process
and contract administration. All police officers, promoted on or after the effective date of this
391971 1Agreement and who have not made application for membership shall, on the thirtieth day
following their respective date of promotion, also be required to pay a fair share of the cost of
the collective bargaining process and contract administration,
With respect to any employee on whose behalf the VILLAGE receives a written
authorization in a form agreed upon by the UNION and the VILLAGE, the VILLAGE shall
deduct from the wages of the employee the fair share fee and shall forward the full amount to
the UNION by the 10th day of the month following the month in which the deductions are
made, The amounts deducted shall be in accordance with the schedule to be submitted to the
VILLAGE by the UNION during the fileen-day period prior to the expiration of this
‘Agreement,
With respect to any employee on whose behalf the VILLAGE has not received a
written authorization as provided above, the VILLAGE shall deduct from the wages of the
employee the fair share fee including any retroactive amount due and owing, and shall
forward said amount to the UNION on the tenth day of the month following the month in
which the deduction is made subject to the following:
a The UNION has certified to the VILLAGE that affected employee has been
delinquent in his obligation for at least 15 days;
b. The UNION has certified to the VILLAGE that the affected employee has been
notified in writing of the obligation and requirement for each provision of this Article, and
that the VILLAGE has been advised by the UNION of his obligations pursuant to this Article
and of the manner in which the UNION has calculated the fair-share fees:
¢. The UNION has certified to the VILLAGE that the affected employee has been given
a reasonable opportunity to have said obligation adjudicated before an impartial arbitrator,
selected by employee and the UNION for the purposes of determining and resolving any
objections the employee may have to the fair-share fee.
Any amounts reasonably in dispute shall be held in escrow by the UNION pending resolution
of the challenge.
Section 2.4. Religion Exemption.
Employees who are members of a church or religious body having a bonafide
religious tenet or teaching which prohibits the payment of a fair share contribution to an
UNION shall be required to pay an amount equal to the fair share of the UNION dues as.
described in Section 2.3. to a non-religious charitable organization mutually agreed upon the
UNION and the VILLAGE as defined and set forth in Section 1606(g) of the Illinois Public
Labor Relations Act.
Section 2.5.
The VILLAGE shall, through payroll deductions, withhold the designated UNION
dues, Fair Share payments for each payroll period and remit same to the UNION as indicated
on dues deduction authorization cards in the Fair Share Agreement, or stated in Section 2.4.
301371 2Section 2.6. Indemnification.
The UNION shall indemnify the VILLAGE and hold it harmless against any and all
claims, demands, suits, or other forms of liability that may arise out of, or by reason of any
action taken by the VILLAGE for the purpose of complying with the provisions of the Article
provided that the Village does not initiate or prosecute any claim or demands.
ARTICLE IIL
NO DISCRIMINATION
Neither the VILLAGE nor the UNION shall discriminate against any employee
because of race, creed, color, national origin, sex, UNION activity, disability, sexual
orientation, or other protected basis.
ARTICLE IV
MANAG T RIGHTS
The VILLAGE shall retain the sole right and authority to operate and direct the affairs
of the VILLAGE and the Maywood Police Department (hereinafter called the "Police
Department") in all its various aspects including (but not limited to) all rights and authority
exercised by the VILLAGE prior to the execution of this Agreement, except as modified in
the Agreement,
Among the rights retained is the Village’s right to determine its mission and set
standards of service offered to the public; to direct the working forces; to plan, direct, control
and determine the operations or services to be conducted in or at the Police Department or by
other employees of the VILLAGE, to assign and transfer employees; to hire, promote,
demote, suspend, discipline for just cause, or discharge for just cause, of relieve employees
due to lack of work or for other legitimate reasons; to establish job positions and
classifications; to make and enforce reasonable rules and regulations; to change methods,
equipment, or facilities provided, however, that the exercise of any of the above rights shall
not conflict with any of the provisions of this Agreement,
Inherent management functions, prerogatives and policy-making rights, whether listed
above or not, which the Village has not expressly restricted by a specific provision of this,
Agreement are not in any way directly or indirectly subject t0 the grievance and arbitration
procedures contained herein.
ARTICLE V
CONDUCT OF DISCIPLINARY INVESTIGATION
The parties agree that this Article is intended to supplement the provisions of the
Peace Officers Disciplinary Act, not to replace it.
Section 5.1,
Whenever a sergeant covered by this Agreement is the subject of a disciplinary
Investigation, the interrogation will be conducted in the following manner:
Section 5.2,
The interrogation of the sergeant other than in the initial stage of the investigation
shall be scheduled at a reasonable time preferably while the sergeant is on duty, or if feasible,
during daylight hours.
sous 3Section 5.3.
Prior to an interrogation, the sergeant under investigation shall be informed of the
identity of the person in charge of the investigation, the interrogation officer and the identity
ofall persons present during the interrogation. When a formal statement is taken all questions
directed to the sergeant under investigation shall be asked by and through one interrogator.
Section 5.4,
No anonymous complaint, on its own merit, whether made by private citizens,
Maywood Police Department Personnel, of representatives of other Village., County, State or
Federal agencies, shall, without further investigation, result informal interrogations or
disciplinary charges of Maywood Police Sergeants covered by this Agreement.
ection
Immediately prior the interrogation of a sergeant under investigation, he shall be
informed in writing of the nature of the complaint and the names of all complainants.
Section 5.6,
‘The length of interrogation sessions will be reasonable, with interruptions permitted
for personal necessities, meals, telephone calls and rest
Scetion 5.7,
A sergeant under interrogation shall not be threatened with transfer, dismissal or
disciplinary action or promised a reward as inducement to provide information relating to the
incident under investigation or for exercising any rights contained herein, provided, however,
that a sergeant who has been properly advised of his Garrity rights may be subject to
disciplinary action (for insubordination) for refusal to answer questions in a formal
interrogation.
Section 5.8,
A sergeant under investigation will be provided, without unnecessary del
copy of any written statement he has made.
with a
Section 5.9.
If the allegation under investigation indicates a recommendation for separation is
probable against the sergeant, the sergeant will be given the statutory administrative
proceedings rights, or if the allegation indicates criminal prosecution is probable against the
sergeant, the sergeant will be given the constitutional rights concerning self- incrimination
prior to the commencement of interrogation.
Section 5.10,
A sergeant under interrogation shall have the right to be represented by counsel of his
‘own choice and to have that counsel present at all times during the interrogation, and/or at the
request of the sergeant under interrogation, he shall have the right to be represented by a
representative of the UNION. The interrogation shall be suspended for a reasonable time until
representation can be obtained.
sal 4Section 5.11, Photo dissemination.
No photo of a sergeant under investigation shall be made available to the media prior
to a conviction for a criminal offense or prior to a decision being rendered by the Chief of
Police or Fire and Police Commission.
Section 5.12. Compulsion of Testimony.
‘The VILLAGE shall not compel a sergeant under investigation to speak or testify
before, or to be questioned by, any non-governmental agency relating to any matter or issue
under investigation,
Section 5.13. Remedy.
Violations of this article will be subject to the grievance procedure where the
proposed discipline is for suspension of less than five (5) days; where the proposed discipline
is suspension of five (5) days or more or termination, violations of this article shall be
resolved by the Police and Fire Commission. If for any reason, the Police and Fire
Commission refuses to entertain arguments or evidence of alleged violations of this Article,
the officer may pursue remedies for such violations through the grievance procedure.
Section 5.14. Department Investigations.
All Village and/or Potice Department investigations of Maywood Police Sergeants
who are accused of misconduct or violations of Village ordinances or Police Department
rules and regulations shall be limited to; unless extended as provided for. sixty (60) calendar
days from the dates such investigations are initiated to the dates that charges are formally
filed or such investigations are terminated without charges being filed by the Chief. At the
end of 60 days, any investigatory findings shall be disclosed to the Officer under
investigation. However, the 60-day time limit may be extended on a day-for-day basis to
reflect any days that the Sergeant under investigation was not working for reasons of
absenteeism, vacation, sickness, disability, bereavement or other normally recognized reasons
for absence.
‘The sixty (60) day period may be extended for good cause in thirty (30) day
increments by the Chief. Any thirty (30) day extension shall be made prior to the expiration
of this period or each and every thirty (30) day extension and shall be documented by a memo
signed by the Chief or his designee. Investigations shall be initiated by the Chief within
thirty (30) days after a department officer above the rank of sergeant gains knowledge of the
facts or allegations giving cause to initiate the investigation.
Prior to any suspension or discharge being sought or imposed, the Chief will present
the employee and UNION with written notice of charges describing the basis for discipline,
after service of the charges, the UNION and employee will have an opportunity to meet with.
the Chief and be heard prior to discipline being sought or imposed. After that meeting, the
Chief will issue written notice of his/her determination. Once notice of determination is
served, the UNION has ten (10) calendar days to elect whether it wishes to proceed before the
BEPC or via the contractual grievance process. Disciplinary grievances will begin at the
VILLAGE manager step,
Should the UNION choose to proceed via the grievance process, discipline will be
immediately imposed on the employee and the employee will be deemed to have waived
his/her right to proceed before the BFPC. Under all circumstances, an employee can demand
sey 5to be heard by the BFPC. If an employee elects to be heard by the BFPC, he/she waives the
right to be heard via the grievance process. In no case will any employee be allowed to
proceed before both an arbitrator and the BFPC with regard to the same matter.
ARTICLE VI
GRIEVANCE PROCEDURE,
Section 6.1, Definition of Grievance.
‘A “grievance” is defined as a complaint arising under and during the term of this
Agreement raised by the Union or an employee as to himself against the Village involving an
alleged violation, misinterpretation or misapplication of an express provision(s) of this,
Agreement,
‘The parties agree that the UNION may file joint and/or class action grievances on
behalf of more than one or all members.
Section 6.2. Grievance Procedure.
Recognizing that grievances should be raised and settled promptly, a grievance must
be presented in writing within ten business days of the discovery of the occurrence of the
event first giving rise to the grievance. The grievant shall respond at the stage the grievance
nitiated. A grievance shall be processed as follow
a, Any sergeant deeming himself aggrieved shall first discuss his grievance with
the sergeant's immediate supervisor who responds in writing within seven (7)
calendar days.
b. Ifa satisfactory resolution of his grievance is not achieved by such discussion
with the sergeant’s immediate supervisor, the grievant is authorized to confer
with the Deputy Chief with respect thereto, who then responds in writing
within seven (7) calendar days.
& Ifa satisfactory resolution of his grievance is not achieved by such discussion
with the Deputy Chief, the grievant is authorized to confer with the Chief of
Police with respect thereto, who then responds in writing within seven (7)
calendar days.
Ifa satisfactory resolution of the grievance is not reached through such a
conference with the Chief of Police, the grievant upon reasonable notice, is
authorized to confer with the VILLAGE Manager and to seek relief from
him, with respect to his grievance, who then responds in writing within ten
business days. Time may be extended upon mutual agreement.
& Mandatory Arbitration. If the grievance is not settled in accordance with the
foregoing procedure, the UNION may refer the grievance to Mandatory
Arbitration by giving written notice to the Manager within twenty-one (21)
calendar days after receipt of the Manager's decision or within twenty-one
(21) days of when the Manger’s decision was due. In the event the parties are
tunable to agree upon the arbitrator within said seven (7) day period, the
parties shall jointly request the Federal Mediation and Conciliation Service to
submit a panel of seven (7) arbitrators who have a business office in Illinois,
sour 6Indiana, or Wisconsin, Each party retains the right to reject one panel in its
entirety and request that a new panel be submitted. Both the Village and the
Union shall have the right to alternately strike one (1) name at a time from
the panel, with the Union striking first. The person remaining shall be the
arbitrator.
‘The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract
from the provisions ofthis Agreement. He shall consider and decide only the specific
issue submitted to him, and his award shall be based solely upon his interpretation
of the meaning or application of the terms of this Agreement to the facts of the
grievance presented, The cos ofthe arbitration, including the fee and expenses of the
Arbitrator, shall be divided equally between the VILLAGE and the UNION.
£ At any stage of the grievance procedure, the grievant may be accompanied and
represented by the UNION and/or its legal representative.
g All grievance discussions and investigations shall take place in a manner that does
not interfere with VILLAGE operations.
No sergeant may refuse to sign for receipt of the document exp!
ing the
charges and investigative response to a complaint even when the sergeant decides to
g0 forward with a grievance.
iplinary action instituted by the VILLAGE,
the Chief of Police shall furmish, at least five (5) days prior to such hearings: (1) the
names of all witnesses who may be called by the Chief to testify, and 2) a
sufficiently specific statement of the charges and the alleged facts leading to the
‘charges to enable the sergeant to prepare his defense.
b. _Imall matters of formal diseipline including reprimands, the sergeant shall receive a
specific statement of facts, or alleged facts, conceming such action,
& In the event the sergeant is subject to diseiplinary suspension without pay by the
Chief, the VILLAGE shall make no payroll deduction until a final disciplinary
determination is made, if the sergeant elects to appeal the suspension,
Section 6.4. Police and
‘The parties recognize that the Board of Police and Fire Commissioners of the Village
‘of Maywood has certain authority over employees covered by this Agreement, including but
not limited to certain authority over hiring and promotions.
Section 6.5. Right of Representation.
‘At such time as an individual raises a grievance there shall be another member of the
unit or a union representative present.
ARTICLE VIL
NO STRIKES-NO LOCKO!
‘The UNION, its officers and agents, and the employees covered by the Agreement
agree not to instigate, promote, sponsor, engage in or condone any strike, slowdown,
concerted stoppage or any other intentional interruption of operations. Any and all who do so
shall be discharged or otherwise disciplined by the VILLAGE. The VILLAGE will not tock
sont 7out any employees during the term of this Agreement as a result of a labor dispute with the
UNION.
ARTICLE VIII
WAGES AND BENEFITS
Section 8.1. Salary Schedules.
‘The salary schedules effective May 1, 2014 and to be in effect for the duration of this
‘Agreement are attached hereto as Appendix "A" of this Agreement.
Paychecks are to be available no later than 3:00 p.m. on the scheduled bi-weekly pay day.
Section 8.2. Fringe Benefits.
‘The fringe benefits of sergeants shall be as follows:
Section 8.2(a). Regular Days Off,
Regular days off are defined as any time when the sergeant Is not working a regularly
scheduled shift or using benefit time off.
8.2(b). Vacations.
‘Through April 30, 2018, the Village agrees that all fulltime sergeants shall earn paid
vacation time off according to the following schedule:
After one through end of third year 14 paid days off per year
* Fourth year through end of sixth year 18 paid days off per year
* Seventh year through end of eighth year 22 paid days off per year
* After the completion of eight years of service, sergeants shall receive | additional paid
‘vacation day per year to a maximum of 30 days.
Secti
Effective May 1, 2018, Sergeants shall eam paid vacation time off according to the following
schedule:
‘After one year through third year: 112 Hours
Fourth year through sixth year 144 Hours
Seventh year through eighth year: 176 Hours
‘Ninth year: 184 Hours
Tenth year: 192 Hours
Eleventh year: 200 Hours
‘Twelfth year: 208 Hours
‘Thirteenth year: 216 Hows
Fourteenth year: 224 Hours
Fifteenth year: 232 Hows
Each year after completion of sixteenth year: 240 Hours
Years shall be computed from January Ist through December 31st without regard to
anniversary dates,
393131 8Until April 30, 2018, each paid vacation day shall be computed at the rate of eight
hours of the sergeant’s regular rate of pay for the year in which the vacation days are taken,
Vacation days must be taken in the year after the year in which they are earned.
‘No sergeant shall be allowed to take more than one entire month off per year.
ction 8.2(c). Or
1e Comper
‘A sergeant shall receive time and one-half of the regular straight time hourly rate for
all hours worked outside the sergeant’s regularly scheduled shift. In addition, overtime
shall be paid in the following manner:
1. Call back time @2 hours minimum): The foregoing minimum of two (2) hours
‘compensation for a call back shall not be applicable where a sergeant is called
back to correct an error or omission which is reasonably determined by
‘management or supervision to be one requiring correction before the sergeant's
next scheduled shift.
2. Holdover time (I hour minimum: ‘The foregoing minimum of one (1) hour
compensation for a holdover shall not be applicable where a sergeant is held over to
correct an error or omission which is reasonably determined by management or
supervision to be one requiring correction before the sergeant's next scheduled
shift
3. Individual overtime (15 minutes increments). ‘Training and department
‘meetings outside of regularly scheduled duty hours (2 hour minimum). Department
mandated schools, training or seminars attended outside of regularly
scheduled duty hours,
4, Training and department meetings outside of regularly scheduled duty hours
2 hours minimum).
5. Department mandated schools, training or Seminars attended outside of
regularly scheduled duty hours.
Section 8.2(d). Life Insurance and On-Duty Death Benefits.
‘A term life insurance policy in the about of $50,000.00 shall be issued by the
VILLAGE to each sergeant of the department. The VILLAGE shall pay the full cost of the
insurance policy. In addition, the Village agrees to carry and maintain a One Hundred
‘Thousand Dollar ($100,000.00) life insurance policy for all full-time sergeants who die while
on duty. Additionally, the Village agrees to continue to provide the same level of medical and
hospitalization insurance to the dependent of any sergeant who dies while on duty for one (1)
calendar year. Also, these on duty death benefits shall be in addition to any death benefits that
may be available under State or Federal law, or from private philanthropic groups or
agencies, or from the Union.
Section 8.2(e). Retiree Health Care,
Upon retirement and/or pension, the VILLAGE will pay 50% of the sergeant’s single
coverage for medical insurance until the sergeant reaches the age which qualifies him/her for
Medicare. Sergeants wishing to retire must request this benefit, if desired, no less than thirty
G0) days prior to their retirement date. Retired sergeants have the option to request t
benefit and must do so no less than thirty (30) days prior to the end of the fiscal year. Medical
303137 gyinsurance premiums for the 50% insurance benefit will be paid by the VILLAGE. Any
sergeant who is eligible for comparable coverage under another employer's plan (e.g, through
spouse's plan as a dependent, or through another employer of the sergeant following his
retirement from the Village) shall be ineligible for this benefit, so long as he is eligible for
such alternative coverage. Nothing in this Section is intended to diminish a sergeant’s right to
insurance benefits under the Public Safety Employee Benefits Act, 820 ILCS 320/1 et seq.
ection 8.2 (f) Court Time,
The Village agrees that all full-time sergeants will be compensated for Court
appearances at the minimum rate of three (3) hours of the sergeant's overtime rate of pay or
compensatory time at the overtime rate of time and one half if stich appearance is scheduled
at a time that the sergeant would not normally be working,
Ifthe Court appearance is scheduled for a time when the sergeant works a full shift on
the same day, either before or after the Court appearance, the three (3) hours shall be paid to
him or her providing it is not during his or her regularly scheduled shift. For example, if a
sergeant works third shift and has a Court appearance at 9:00 a.m., and the Court appearance
ends before the regular third shift starting time, that sergeant will be paid for three hours at
the overtime rate. For Court appearances that occur during a sergeant’s regularly scheduled
shift, there shall be no additional compensation. Also, a sergeant will be paid for only one
three hour minimum rate of Court time per day. For example, if a sergeant has a 9:00 am.
Court call on a day that he or she would not otherwise be working, and if the sergeant must
return for a 1:00 p.m. Court call, he or she will be paid for the three hours for the morning
call and on an hour-for-hour basis at the normal overtime rate of pay for the afternoon Court
call,
jeld Training officer supervisors (FTOS) will receive two (2) hours of specialty pay
at the Sergeant’s regular rate, or compensatory time, for each day that they are supervising
the training of or actually training recruits, provided that such specialty pay shall not be
included as hours worked in the calculation of overtime. Sergeants assigned to work as
investigators or evidence technicians will receive four (4) hours of straight time specialty pay
per month, provided that such specialty pay shall not be included as hours worked in the
calculation of overtime.
Section 8.2(h) Overtime Assignment,
Overtime assignments shall be based on seniority, except if a particular Sergeant
assigned to a detached assignment, then the assignment may be granted to the Sergeant of
lesser seniority, Any supervisory overtime must be offered to all Sergeants, by seniority,
before any Command level staff member be allowed to work it.
A day off rescheduled as work day, provided notice of rescheduling is given less than
forty-eight (48) hours prior to the sergeant's normal shift starting time of the originally
scheduled day off, shall under such circumstances be paid at the rate of time and one-half
‘Any sergeant required to work more than 8 1/4 hours if assigned to work & hour shifts and 12
1% hours if assigned to work 12 hour shifts within @ 24 hour period, shall be compensated at a
rate of time and one half.
wa 10Section 8.4. Seniority.
Seniority shall refer to and be defined as the continuous length of service in a title
classification (rank) and that being equal, time in service with the department, and that being
equal, seniority shall be reestablished by a lottery conducted jointly between the parties less
any adjustment due to lay-off; approved leaves of absence without pay, or other break
service. Seniority is to prevail only for purposes of selection of vacation, prescheduled
overtime, selection of days off and shift selection. However, the Chief of Police may assign
sergeants to a particular shift based on performance of the sergeants and the needs of the
department. Shift assignments shall not be made for arbitrary reasons but shall be based upon
demonstrable operational need. If a Sergeant believes that their shift has been changed for
reasons other than operational need, they may file a grievance over the shift assignment at
Step D of the grievance process.
Section 8.5. Loss of Seniority Rights.
Services of a sergeant shall be broken, seniority rights, if any, shall be lost and the
employment relationship terminated by:
1, Resignation, discharge or retirement:
2. Non-work related illness or injury for a period in excess of one hundred eighty
(180) calendar days, or absence due to injury on duty for a period in excess of
twenty-four (24) months;
3. Failure to report to duty after expiration of an approved leave of absence (not to
‘exceed one (1) month), except for MLA leave in which case the employee may be
off for a total of no more than twelve (12) weeks in a rolling 12-month period, as
provided by the FMLA:
4. Absence without authorization for three (3) consecutively scheduled tours of
duty;
5. Acceptance of employment, without written authorization, while on an approved
leave of absences
6. Failure to report back to work within five (5) business days after receiving notice of
recall from layoff,
7. Lay-off in excess of one (I) year.
Section 8.6, Seniority List,
‘The Village shall prepare a seniority list for sergeants’ curent seniority ranking ofeach sergeant
based on date of promotion or hire into that title, The seniority list shall become effective on the
date of execution of this agreement, Both parties agree that such list shall resolve all questions of
seniority affecting sergeants covered under this Agreement,
Section 8.7. Mileage Reimbursement,
Sergeants shall be paid at the applicable-IRS reimbursement rate when using their
own cars for official business. No sergeant may use his or her own vehicle for police related
work Without prior approval of the Chief or the Chief's designee.
su u‘Section 8.8. Bereavement Leave.
Up to three (3) days leave with pay shall be granted in the event of the death of an
immediate family member residing in the Chicago Metro area. This leave is for the purpose
of attending the funeral, which includes such related events as the wake or visitation, Shiva
and the like. Immediate family members, for purposes of this Section, shall be interpreted to
mean parent, spouse, child, brother, sister, grandparent, grandchild, spouse's grandparents,
mother in law, father in law, brother in law, sister in law, stepmother, stepfather, stepbrother,
stepsister, step children, aunt, uncle, and any other relative living in the same household
including those who are civilly united. For deaths of relatives that take place more than 250
miles from the Village of Maywood, the paid bereavement leave period shall be extended to
five (5) days to allow for travel time. Also, the Village agrees that regular days off and
vacation days shall not be counted as bereavement days. Bereavement periods which include
such regularly scheduled days off shall, upon written request by the affected Officers, be
extended day for day. Bereavement leave shall be used within a consecutive seven-day
period.
Section 8.9. Clothing Allowance.
Each full time sergeant will be allowed eight hundred dollars ($800.00) per year for
clothing allowance. The allowance will be distributed directly to each sergeant on a general
fund check Four hundred dollars ($400.00) will be distributed on the first general run in May
and October. Uniform allowance is to be used for the purchase and replacement of uniforms.
Section 8.10. Personal Days.
Upon completion of the first year of service as a Sergeant, the Village agrees that full
time sergeants shall receive 36 hours of paid personal time per year. These personal hours can
be taken at the discretion of the Sergeant for personal business. A twenty-four (24) hour
notice shall be made to the Chief of Police by the Sergeant requesting to take a paid personal
leave day. Also, the Village agrees that paid personal leave days may be used in conjunction,
with regularly scheduled days off, vacation days or on any other scheduled on duty day.
Section 8.11. Sergeant Compensatory Time,
Sergeants will be given the option of taking compensatory time for all overtime
cared pursuant to Article VIII, Section 8.2 (c) with the approval of the Chief or his designee,
which approval shall not be arbitrarily withheld. Sergeants may not accumulate more than
‘two hundred and forty (240) hours of compensatory time. All accrued compensatory time in
excess of one hundred and twenty (120) hours shall be paid out at the last payroll in
December of each year.
Sergeants may choose to cash in up to eighty (80) hours, in addition to the hours in
excess of 120 hours from the previous paragraph, of their accumulated compensatory time in
the form of a year-end payment to be made in conjunction with their final paycheck of the
year. Sergeants electing to cash in any accumulated compensatory time up to eighty (80)
hours, shall make notification to the Chief or their designee by the first of December in the
year of the cash in.
Upon the death of an officer or other separation from employment, compensatory time
shall be paid at the rate of time and one-half at the rate of pay at which it was earned, up to
the maximum of 120 hours. Compensatory time cannot be approved for use in less than one
(1) hour increments, but shall continue to be eamed and paid in fifteen (15) minute
increments.
sai 12There shall be no pyramiding of overtime for the same hours worked and
compensation shall not be paid more than once to the same employee for the same hours
under any provision of this agreement.
tion 8.12. Sick Leave Day
Upon the completion of the first year of service as a Sergeant, the Village agrees that
all full time sergeants shall receive 72 hours of sick leave per calendar year. Sergeants
requesting to take a sick leave day shall notify the Chief of Police at least one (1) hour prior
to the start of the sergeant’s shift. Up to 48 hours unused sick leave days (or 56 hours for a
Sergeant who uses no sick leave during the year) will at the end of the year be bought back on
‘a one-to-one basis to be paid in the last paycheck in December. If a Sergeant uses less than
12 hours of sick leave during the year, up to 24 hours shall be added to the following years
ceamed paid vacation for use beginning in 2018. Any sergeant using sick leave days shall
submit a written memorandum to the Chief of Police explaining the need for sick leave. The
Village may require, at its expense, medical certification a
for sick leave whenever the Village determines such certification to be necessary.
days may not be used in conjunction with any other paid leave.
Section 8.13. Extended Sick Leave.
Sergeants will be permitted extended sick leave if after the exhaustion of their sick
days they provide to the Chief of Police written verification from a physician that they may
not be fit to return to work for an extended period of time due to illness, hospitalization,
injury, or convalescent and recuperation time. Sergeants will receive up to forty-five (45)
working days in a calendar year at full pay for extended sick leave, and will receive 75% of
their full pay for an additional seventy-five (75) working days in calendar year. Sergeants
must receive approval by the Chief of Police or the VILLAGE Manager to use extended sick
leave. Such approval should not be withheld without just cause). In cases of line-of-duty
injury/illness, use of this benefit shall run concurrent with benefits afforded under the Public
Employee Disability Act and/or the Illinois Worker's Compensation Act. In the circumstance
where the benefit is running concurrent with those benefits. at the employees election, the
75% benefit will be used prior to the 100% benefit afforded by this Section
Section 8.14. Three-Day Weekends for Sergeants Assigned to 8 Hour Shifts,
Sergeants assigned to work eight (8) hour days shall receive one (1) three day
‘weekend and (1) two day weekend off per calendar month, Weekends will be selected first
and by seniority, The sergeants have the option of selecting either a two-day or three-day
weekend
A three-day weekend is defined as either (1) Friday, Saturday and Sunday or (2)
Saturday, Sunday and Monday. A two day weekend is defined as (1) Saturday and Sunday or
(1) Sunday and Monday. In months containing five (5) weekends, Sergeants shall have the
right to select additional weekends off (including two day weekends off on Friday and
Saturday by seniority available for them to pick at the time of their choosing.
Section 8.15. Uniforms.
‘Any change of the uniform will be paid for by the VILLAGE and will be separate
from Section 8.9.
son 13Section 8.16. Retired/Disabled Credential
Upon any officer's retirement or disability, the VILLAGE will give to the sergeant his
duty badge, shield, and 1.D. card. The LD. card, duty badge and shield will be stamped
retired.
Section 8.17. Health Care/Medical Insurance,
Medical insurance will be provided by the VILLAGE. The Village shall pay 85 % of
the costs of the premium for single coverage and the Sergeants shall pay 15 % of the costs of
the premium. The VILLAGE shall pay 85 % of the costs of the premium for dependent
coverage and the Sergeants shall pay 15 % of the costs for the premium. The Village reserves
the right to select insurance providers. If changes to the health care/medical benefit plans are
instituted for employees not covered by this Agreement, the Village may implement those
changes for the sergeants covered by this Agreement, provided, however, that sergeants shall
not receive health care/medical benefits which are Jess favorable than those made generally
available to other employees of the Village.
Section 8.18. Deferred Payment Plan.
For the duration of the contract the VILLAGE agrees to continue the Deferred
Payment Plan.
Section 8.19. Demotion.
In the event that the VILLAGE reorganizes the Police Department ot lays-off any
employees, when such reorganization or lay-off results in demotions of any UNION
‘members, demotions shall be conducted by inverse seniority; the last promoted shall be the
first to be demoted. Re-promotion shall be conducted according to seniority; the last demoted
shall be the first re-promoted.
seetion 8.20. Tuition Reimbursement and Schooling.
The Village encourages its Sergeants to continue their formal education. The
following criteria and guidelines apply:
1. Courses must be job-related or for a degree.
2. Proof of acceptance for degree must be submitted.
3. Courses must grant college level credit.
Courses must be taken through an accredited college of university.
5. Reimbursement may be denied if job performance is inadequate, attendance is
poor or member has extensive record of sustained infractions.
6. Reimbursement will not be granted ifthe member is covered by veteran's benefits or
other tution abatement program.
7. Member must repay all tuition costs if voluntary or involuntary separation from the
department occurs within two (2) years of completion of degree program.
8. Tuition reimbursement does not include medical school or Jaw school
3951371 149. Classes must be scheduled during non-duty hours.
The Village agrees to continue to pay all tuition expenses for Sergeants who are
currently attending any accredited Chicago Metro Area Community College, four-year
College or University or Professional School, or the correspondence ot on-line divisions of
such educational institutions until they complete their studies at the. College, University or
Professional School they are currently attending as of November 1, 2008. All. future
Sergeants applying for these educational reimbursement benefits will be required to attend an
Ilinois State run institution of higher learning. In general, courses taken at such institutions
of higher leaming shall be designed to improve and advance the individual Sergeant's mastery
of law enforcement issues and shall be part of a degree program either in Law Enforcement or
Criminal Justice. The Village agrees to pay each Sergeant for up to two courses per-semester;
meaning, tradition semesters of Fall, Spring, and Summer. Reimbursement for such
educational expenses (tuition only) is limited to no more than $2,000 per year per sergeant.
Reimbursement for such educational expenses will be based upon the following grade/pay
seale:
Under Graduate Studies Graduate Studies
Letter Percentage Letter Percentage
Grade Paid Grade Pai
AorB 100% AorB 100%
c 50% c 0%
Officers receiving a "Pass" in Under Graduate Studies in Pass/Fail courses will be
reimbursed by the Village for 50% of the Sergeant's cost. There will not be any
reimbursement to an Officer in Graduate Studies receiving a grade lower than "A" or “B”.
Reimbursement for such educational expenses, shall require prior approval by the
Chief of Police or his designee. Approval shall not be arbitrarily or unreasonably withheld.
‘The Village agrees to make payment to the Sergeant in a timely manner,
When the Department requires a sergeant to attend school, seminars or other educational
action on his off-duty hours, the Village shall compensate said sergeant for such hours
pursuant to Article 8, Section 8.2(c) of this Agreement.
Section 8.20(a) Education Compensat
Officers covered by this Agreement shall receive the following education incentive
pay upon receipt and approval of the necessary documentation (i.¢., official sealed transcript),
Which shall be computed into the officer’s hourly rate from the beginning of the pay period
after the requisite degree has posted o the effective date of this contract, whichever is later:
+ $500.00 per year ($0.24 per hour) for an Associate's Degree in a Village approved
program pertaining to criminal justice or related field in law enforcement; or
+ $650.00 per year ($0.31 pet hour) for a Bachelor's Degree in a Village approved
program pertaining to criminal justice or related field in law enforcement; or
+ $800.00 per year ($0.38 per hour) for a Master's Degree in a Village approved
program pertaining to criminal justice or related field in law enforcement.
sous. 15Section 8.21 Job Posting
Whenever any positions, duties or assignments become available within the
bargaining unit, notice of such openings shall be posted in a conspicuous location within the
Department, including the Union Bulletin Board, and all sergeants covered by this Agreement
shall be eligible to bid on them. The final authority for filling such openings shall reside with
the Chief of Police or his designee.
Section 8.22 Holidays.
Effective May 1, 2018, employees on 12 hour shifts covered by this agreement will
receive eight (8) hours of holiday pay per Village holiday. Holiday pay shall be included in
the regular pay check following the holiday. Employees who work on a holiday that is a
regularly scheduled work day shall be paid at the rate of 1% times their regular hourly rate
for all hours worked on the holiday. If an employee works on a holiday, when not regularly
scheduled to do so, the sergeant will be paid at a rate of two times their regular rate for the
hours worked on the holiday. The Village will appropriate for Holiday Pay, along with other
elements of pensionable salary, of all Sergeants in its annual appropriations ordinance and
budget.
Holiday Pay shall be paid for the following holidays:
New Year’sDay Martin Luther King Day President's Day Good Friday
Memorial Day Independence Day Labor Day ‘Thanksgiving
Friday after Thanksgiving Christmas Day
Sergeants will also receive Holiday Pay for any other holiday's declared or observed by the
Village. If an employee uses sick time on any of the above-named holidays, that employee
will only be paid straight time on the next regularly scheduled holiday (s)he works,
Section 8.23 Supervisory Skills Certificatior
Effective May 1, 2018, all Sergeants currently in the bargaining unit will receive $900
added to base pay ($0.41 per hour) added to base wages. For Sergeants promoted after May 1,
2018, Sergeants will receive $600 ($0.28 per hour) added to their base pay following
successful completion of the designated 40-hour First Line Supervisory Skills Program
conducted by NEMRTT (or some other similar training as designated by management). That
amount will be raised to $900 upon completion of three-years” service as a Sergeant. Newly
promoted Sergeants will be sent to the next reasonably available qualifying supervisory skills
course.
8.24 Administrative Specialist Tim
Effective May I, 2018, during each calendar year, each Sergeant will receive 12 hours of pad
‘Administrative Specialist Time (“AST”). AST must be taken each calendar year or it will be
forfeited, AST may not be used on a designated holiday,
3831371 16ARTICLE IX
WORKING CONDITIONS
Unsafe vehicle equipment shall be checked (inspected) by the certified Mechanic and
same shall be subject to the grievance procedure; if brakes, steering, front end and/or wheels
are unsafe, the sergeant may refuse to drive such vehicle.
Section 9.2. Expungement of Personnel File.
‘The VILLAGE agrees to remove written notifications of oral and written reprimands
from sergeant's personnel files provided that notices are more than 24 months old at the time
of removal and there have been no further complaints of the same nature during that time
period.
Section 9.3. Drug Screening.
‘The sergeants and the VILLAGE agree to adhere to the Substance Abuse Testing
Procedure stipulated in Appendix "B".
Section 9.4. Light Duty.
‘The Village may require an employee who is on sick leave or Worker's Compensation
leave to return to work in an available light duty assignment that the employee is qualified to
perform (or the employee may request to do so), provided the treating physician has
determined that the employee is physically able to perform the light duty assignment in
question without significant risk that such return to work will aggravate any pre-existing
injury and that there is a reasonable expectation that the employee will be able to assume full
duties and responsibilities within six months. The Village reserves the right to specify the
anticipated duration of the light duty assignment in advance where it is expected to be of less.
than six months,
If an employee returns or is required to return to work in a light duty assignment and
the employee is unable to assume full duties and responsibilities within six months thereafter,
or if the need for light duty is exhausted or if the employee's performance in the light duty
assignment is unsatisfactory, the Village retains the right to return the employee to
leave (or to utilize appropriate discipline in the event of unsatisfactory performance),
Nothing herein is intended in infringe on the Village's discretion to create or not
create light duty assignments for an employee. Employees will only be assigned to light duty
assignments when the Village determines that the need exists and only as long as such need
exists. However, Sergeants assigned to light duty will not be required to perform any work
for any department other than the Village of Maywood Police Department,
Nothing in this Section shall affect the statutory rights of the employee or Pension
Board in dealing with an employee on a disability pension. An employee's right to benefits,
under the Public Employee Disability Act ("PEDA"), 5 ILCS 345/1, shall be tolled by any
period on light duty (for example, a PEDA-eligible employee on disability leave who comes
back to work on light duty after two (2) months of PEDA leave, but then after three months,
it duty, is returned to PEDA leave, will still have ten (10) more months of PEDA
benefits available).
sui 7Section 9.5. Bargaining Unit Security.
Police officers, or other personnel employed by the Village shall not be used as
permanent replacements for sergeants but may be used as temporary replacements on a short
term basis not to exceed ninety (90) days as need is determined by the Police chief.
Section 9.6. Resideney.
All employees shall reside within fifteen (15) miles of the border of the the Village, or
corporate limits of a municipality whose borders are within fifteen (15) miles of the border of
the Village.
Section 9.7. Permanent Shifts
Effective the first full pay period in May of 2018, all sergeants shall be scheduled to
work 84 hours per fourteen days. Sergeants, other than those assigned to investigations or
other specialty positions, will work in one of four “platoons.” Platoons shall be numbered A,
B, C, and D. Each October, the sergeants shall bid, in order of seniority, on which platoon
they will be assigned, Assuming there are eight sergeants, two sergeants shall be assigned to
each platoon. Sergeants shall be compensated at straight time for up to 84 hours of regularly
scheduled work. Any hours worked outside of their regularly scheduled shifts shall be paid at
the applicable overtime rate. When using benefit time, sergeants will use up to 84 hours per
two (2) weeks.
Platoons A and C shall work from 0700 hours through 1900 hours. Platoons B and D
shall work from 1900 hours through 0700 hours. In a two-week work period, Platoons A and
B will work (starting on a Monday) as follows: two days on, two days off, three days on, two
days off, two days on, and three days off. In a two-week work period, Platoons C and D will
‘work (starting on a Monday) as follows: two days off, two days on, three days off, two days
‘on, two days off, and three days on. The cycle shall repeat going forward.
Sergeants assigned to investigations shall work 84 hours per fourteen days. Normally,
they will work four ten-hour days per week and work an additional four hours per two weeks
(flex time at the detective sergeant’s discretion).
ARTICLE X
INDEMNIFICATION
‘Section 10.1. Legal Representation.
Sergeants shall have legal representation provided by the employer in any civil cause
of action brought against a Village sergeant acting within the scope of his Village
employment. The employer will have the exclusive right to determine such legal
representation. In cases where a conflict of interest may arise between the legal representation
of both the employee and the employer, the employer will make arrangements for separate
legal representation of the parties. The employee may elect to waive legal representation by
the employer.
Sergeants shall be required to cooperate with the employer during the course of the
investigation, administration or litigation of any claim arising under this Article, provided
that the Sergeant's cooperation, shall not be deemed as or constitute a waiver of any of the
Sergeant's rights, privileges or immunities under the provision of the U.S. Constitution,
IMinois Constitution, Federal, State of local statutory or common law,
3903 18provide legal representation as set forth in Section 10.1 above so
Jong as a sergeant is deemed as having acted within the scope of his Village employment and
where the employee cooperates in his representation of the matter with the Employer or
appointed legal representative in defense of the action or claims.
ARTICLE XI
PSYCHOLOGICAL REVIEW
Section 11.1. Fitness for Duty.
If, at any time, there is any question concerning an employee's fitness for duty or
fitness to return to duty following a layoff or leave of absence, the Village may require, at its
‘expense (to the extent not otherwise paid for by insurance), that the employee have a physical
examination and/or psychological examination by a qualified and licensed physician,
psychologist and/or other appropriate medical professional selected by the Employer. As part
of any fitness examination required by the Village following a layoff or leave of absence, the
Employer may, with or without cause, require employees to submit to a urinalysis test and/or
other appropriate drag testing, the results of which shall be provided 10 the Village for
appropriate action,
No employee shall be requested or required to undergo psychological, psychiatric or
physiological testing unless the Chief of Police has reasonable cause to believe the employee
is then unfit for duty. Basis for the reasonable cause shall be set forth in writing to the
employee at the time the employee is ordered to undergo such testing. Employee shall have
the right to UNION representation when being informed of the need for testing. and shall
have the right to secure similar testing at their own expense from psychiatrists, psychologists
or physicians of their own choosing. The employee shall be given a copy of any and all
information, reports and opinions that are provided the Village as a result of such testing.
ARTICLE XI
SECONDARY EMPLOYMENT
Section 12.1, Request for Secondary Employment.
‘A sergeant's request for permission to engage in secondary employment must be
submitted to the Chief of Police or his designee and approved prior to commencement of such
employment by the sergeant, The Chief of Police or his designee will either approve or reject
the request within ten (10) business days of submission. Requests will not be unreasonably
denied. The duties and obligations of the Maywood Police Department will take priority over
any other employment. Engaging in, or continuing to engage in secondary employment
without prior approval of the Chief of Police will result in disciplinary action up to and
including a recommendation for termination.
Section 12.2. Short Term Secondary Employment
Request for permission to engage in temporary, short-term secondary employment
(not to exceed five (5) days duration) which may be renewed by a written request, may be
approved by the Chief of Police or Division Commander.
Section 12.3. Prohibitions.
Sergeants are prohibited from secondary employment in any other Federal, state,
county, or municipal funded agency, which in the opinion of the Village creates the potential
so1371 19of a conflict of interest. Sergeants shall be strictly prohibited from working for a liquor
establishment.
ARTICLE XIII
SPECIFIC OBLIGATION OF OFFICERS
In addition to the efficient and loyal performance of the duties assigned to them by
their employment, the rules of the Department and the Chief of the Department, the Officers
covered by this Agreement expressly acknowledge their obligations as management and
supervisory personnel. This includes their obligation to act to enforce, protect and preserve
the provisions of the Management Rights Clause of the collective bargaining agreements
between the Village and its patrol officers and other Department employees; to receive,
transmit and carryout the lawful orders of the Chief of the Department, and to see that the
same be executed by all of the personnel of the Department who are subject to the supervision
and control of these Officers; and to preserve the chain of command. ‘The Village does not
prohibit the Sergeants, as management and supervisory personnel, from joining or remaining,
as members of any legitimate labor organization, but it is a condition of employment in
management and supervisory ranks, and each Sergeant agrees, that such Sergeant shall not act,
as an officer of any union oF labor organization of non-management level employees, nor
participate in, aid, abet or cooperate with any strike, work stoppage, slowdown or other
concerted action designed to or having the effect of depriving the Village of the services of
the Police Department in its mission of law enforcement.
ARTICLE XIV
TERMINATION AND LEGALITY CLAUSES
Section 14.1. Savings.
If any provision of this Agreement is subsequently declared by legislative or judicial
authority to be unlawful, unenforceable, or not in accordance with applicable statutes and
ordinances, all other provisions of this Agreement shall remain in full force and effect for the
duration of the Agreement
‘Section 14.2. Entire Agreement.
This Agreement constitutes the complete and entire agreement between the parties,
and concludes collective bargaining between the parties for its term. This Agreement
supersedes and cancels all prior practices and agreements, whether written or oral, unless
expressly stated in this Agreement.
Section 14.3. Termin:
This Agreement shall be effective when ratified by both and from year to year
thereafter until 11:59 p.m. on April 30, 2019, unless either party gives written notice to the
other party of its desire to terminate this Agreement on or before March 1, 2019,
Section 14.4. Other Conditions.
All other working conditions, Personnel Rules and Regulations, and any other related
subjects not specified by this Agreement, shall be governed by the VILLAGE of Maywood
Personnel Ordinance adopted June 3, 2008 and/or the Police Department General Orders &
Rules and Regulations as amended thereafter.
seus 20UNION leaders will be invited to give input if any changes are considered in the
Village of Maywood Personnel Policies affecting sergeants.
Section 14.5. Impasse Resolution.
Upon expiration of this Agreement, the remedies for the resolution of any bargaining impasse
shall be in accordance with the Illinois Public Labor Relations Act, as amended, with the
following exceptions: (1) The parties shall select the neutral interest arbitrator from a panel of
seven (7) names supplied by the FMCS, each of whom shall be members of the National
‘Academy of Arbitrators (each party reserves the right to reject on panel in its entirety and
request that a new panel be supplied); and (2) Seven (7) calendar days before the first day of
‘the interest arbitration hearing, the parties shall simultaneously exchange final offers on all
issues in dispute.
2931371 21Executed this, day of 2018, after recei
ication By the Union membership.
‘Trustees and after
VILLAGE OF MAYWOOD
18 approval by the Village Board of
METROPOLITAN ALLIANCE OF
POLICE SERGEANTS CHAPTER #486
Keith George, President MAP.
39311
President, Chapter #486
22APPENDIX A.
Salary Rates.
May 1, 2013 — April 30, 2014
Current Rate
Steps ‘Annual Rate Hourly
Starting $85,701.12 |__ $41.20
After 15 Years $86,556.53 | _ $41.61
After 20 Years $87,424.44 | $42.03
Effective May 1, 2014-April 30 2015
2% annual increase
Steps Annual Rate Hourly
Starting $87,415.14 | $42.03
After 15 Years | $88,287.66 | $42.45
After 20 Years $89,172.93 | $42.87
Effective May 1, 2015 - April 30, 2016
2% anmual increase
Steps Annual Rate Hourly
Starting $89,163.45 | $42.87 |
After 15 Years $90,053.41 | $43.29
After 20 Years _ $43.73
May 1, 2016- April 30, 2017
2% annual increase
Steps Annual Rate Hourly
Starting $90,946.71 | __ $43.72
After 15 Years $91,854.48 | $44.16
After 20 Years $92,775.52 | $44.60
May 1, 2017~ April 30, 2018
2% annual increase
Steps Annual Rate Hourly
$92,765.65 | $44.60
After 15 Years $93,691.57 | $45.04
After 20 Years $94,631.03 | $45.50
393137 23May 1, 2018- April 30, 2019
2% annual Increase (based upon 84 hours per 14-day
‘work period)
Steps Annual Rate. Hourly
Starting $99,352.01 $45.49
After 15 Years $100,343.67 $45.94
After 20 Years $101,349.83 | $46.41
Al wages are retroactive to May 1, 2014. The parties agree all current, retired, and former
employees who worked during any of the applicable periods of time will receive retroactive
pay for all petiods worked. For this contract only, the parties agree the Village will pay % of
all retroactive pay within 90 days of ratification, and the remainder of the retroactive pay will
be paid no later than November 30, 2018, The Village will make all reasonable efforts to pay
retiring members all remaining retroactive pay owed within 30 days of retirement. In
addition, the Village will provide a complete calculation of retroactive pay owed to each
employee/former employee within 60 days of ratification, The parties further recognize the
12-hour shift system will be implemented the first full pay period in May of 2018. (Note: a
pay schedule showing the training compensation provided in section 8.23 may be added for
reference),
31071 24APPENDIX B - DRUG TESTING
PARTI
UNIFORM TESTING PROCEDURES FOR ALCOHOL AND. DRUGS
Section, A 1.1 Probable Suspicion Testing -
In cases in which an employee is acting in an abnormal manner and at least one (1) supervisor, two
(2) if available, have probable suspicion to believe that the employee is under the influence of controlled
substances, the Employer may require the employee (in the presence of a union shop Steward, if
possible) to go to a medical clinic to provide both urine and blood specimens for laboratory testing.
‘The supervisors) must have received training in the signs of drug intoxication in. a prescribed trai
program which is endorsed by the Employer. Probable suspicion means suspicion based on specific
personal observations that the Employer representative(s) can describe conceming the appearance, behavior,
speech or breath odor of the employee. The supervisor(s) must make a written statement of these
‘observations within twenty-four (24) hours. A copy must be provided to the shop Steward or other
union official after the employee is discharged. Suspicion is not probable and thus not a basis for testing
if itis based solely on third (3rd) party observation and reports. If requested, the employee will sign a
consent form authorizing the clinic to withdraw specimens of blood and urine and release the results of
the urine laboratory testing to his/her Employer's Medical Review Officer, in the case of DOT-COVERED
employees, and the blood testing results to the Employer, but shall not be required to waive any claim or
cause of action under the law. For all purposes herein, the parties agree thatthe terms "probable suspicion”
and "reasonable cause” shall be synonymous.
‘An employee may raise an affirmative defense that the positive blood test result was
attributable to the proper use of a prescription medication. If the employee raises such a defense to the
Employer, at the employee's request, the Employer shall refer the employee to a qualified physician to
discuss the employee's explanation for the positive blood test result. The qualified physician may
decide that there is a legitimate explanation and declare the blood drug test to be negative. The
employee may be required to provide evidence that a prescription has been lawfully prescribed by a
physician,
A refusal to provide either specimen will constitute a presumption of intoxication and the
employee will be subject to discharge without the receipt of a prior warning letter. In the case of a non-
DOT-covered employee who is unable to provide a urine specimen after a reasonable waiting period {not
to exceed one (1) hour), the Employer may terminate the procedure and proceed with laboratory testing
based upon blood specimens alone. In DOT-covered cases, if the employee is unable to produce 30 ml
of urine, he or she shall be given fluids to drink and shall remain at the collection site under observation
until able to produce a 30-ml specimen, for up to eight (8) hours at the Employer's option. If sill unable
to produce a 30-ml specimen, the blood specimen will be forwarded to the lab for analysis, and the
employee shall be referred for medical evaluation. Contractual time limits for disciplinary action, as set
forth in this Agreement, shall begin on the day on which specimens are drawn. In the event the
Employer alleges only that the employee is intoxicated on alcohol and not drugs, previously agreed-to
procedures under this Agreement for determining alcohol intoxication shall apply.
In the event the Employer is unable to determine whether the abnormal behavior is due to drugs
or aleohol, the drug testing procedure contained herein shall be used. If the laboratory results are not
known prior to the expiration of the contractual time period for disciplinary action, the cause for
‘evendisciplinary action shall specify that the basis for such disciplinary action is for “alcohol andor drug
intoxication,"
Section A 1.2 DOT Random Testing
Itisagreed by the parties that random urine drug testing will be implemented only in
accordance with the DOT rules under 49 CFR Part 391, Subpart H.
It is agreed that the Employer shall discontinue urine drug testing in conjunction with the DOT
physical after the Employer has implemented its random urine drug testing program and is testing at the
fifly percent (50%) rate.
‘The method of selection for random urine drug testing will be neutral so that all employees subject
to testing will have an equal chance to be randomly selected.
The term "employees subject to testing” under this agreement is meant to include any employee
required to have a DOT physical examination under the Department of Transportation regulations,
Employees out on long term injury or disability for any reason shall be removed from the random pool
The provisions of Section A 1.6 C, Split Sample Procedures, and Section A 1.10 A, One-Time
Rehabilitation, shall apply to random urine drug testing,
Section A 1.3 Non-Suspicion-Based Post-Accident Testing
Non-suspicion-based post-accident testing is defined as urine drug testing as a result of an
accident when the driver is issued a citation for a moving traffic violation arising from an accident. Urine